Saturday, February 8, 2014

The Court of Appeal issued notice on Vice Chancellor of the Sri Jayewardenepura
University Professor L. M. N. A. Karunaratne, the Dean of the Faculty of Social
Sciences and Humanities, Professor C. L. K. Navaratne and 18 other respondents,
ordering them to be present in Court or be represented by a lawyer on March 11,
2014.

The aforesaid notice was in
respect of a Writ Application filed by a student, Ven. Kimbulawe Chandrarathana
Thera.

The petitioner student has
said that his studentship was cancelled by letter dated January 24, 2013 from
the Vice Chancellor, who had said that the petitioner had been found guilty of
assaulting the Head of the University and some staff members. The VC cancelled
the studentship of the student monk, the petition says. But, he was allowed to
sit the final year examination in February 2013.

The results of the other students
were released. But, the results of the petitioner has not been released.

The petitioner has requested
the Court to quash the cancellation of his studentship. He has said that the
disciplinary board had not allowed him the right to explain his position.The petitioner has also
requested the Court to order the respondents to release his results. Wijedasa Rajapakshe P.C.
appeared for the petitioner.The bench comprised Justice
Anil Gooneratne.

FUTA Condemns Amendment Made
To The University Act By An Extraordinary Gazette

The Federation of University
Teachers’ Associations (FUTA) has condemned the latest amendment to the
University Act No. 16 pf 1978. FUTA points out that through this amendment,
which was published as an amendment to an extraordinary gazette on 31.01.2014 the
higher education institutions granting professional degrees in fields such as
medicine, engineering, architecture has a discretionary right to obtain a
compliance certificate from professional bodies dealing with the respective
fields.

FUTA points out that in this
scenario the Sri Lanka Medical Council which has the mandate to uphold and
quality and standards of medical education would not have the power to regulate
the content of education that is being offered at these non-state institutions.

Interestingly an extra ordinary gazette which was amended had made it mandatory
for private institutions to obtain certificates of compliance from professional
bodies responsible for the discipline. The amendment to the extraordinary
gazette which was issued in January this year has taken out such obligations.
This action will severely erode the standards of medical education in Sri Lanka
and could eventually compromise the wellbeing of the health sector and the
lives of the people of this country.

Below the FUTA
General Secretary’s letter to Prof. Carlo Fonseka;

07.02.2014

Prof. Carlo Fonseka,
President,

Sri Lanka Medical Council,
31, Norris Canal road, Colombo 10.

Dear Sir,

Power and Responsibility of
Sri Lanka Medical Council to protect the standards of Medical Education

We, representing more than
95% of the members of the academic community of Sri Lankan state universities,
are gravely concerned about the recent amendment made to the Universities Act
which has specific consequences for medical education.

The amendment made to the
University Act no 16 of 1978 by means of Gazette notification published on 31st
January 2014 is as follows:

An amendment was made to the
section 31 of the RULES made under Section 137 read with Section 70 C and 70 D
of the Universities Act, No. 16 of 1978, by the Secretary to the Ministry of
the Minister assigned the subject of Higher Education being the Specified
Authority appointed under Section 70 B of the aforesaid Act.

Previous – Extra ordinary
Gazette No. 1824/21 – on 22.08.2013

31. All Non-State Institutes which have
been recognized as Degree Awarding Institutes in pursuance to the Report made
to the Minister by the Specified Authority under Section 70 C of the Act and
which offer study programmes leading to Degrees in Medicine, Engineering,
Architecture and other similar professional Degrees shall, obtain compliance
certification from the relevant Specified Professional Body and shall submit
such certification to the Specified Authority.

Amendment – Extra ordinary
Gazette No. 1847/56 – on 31.01. 2014

31. All Non State Institutes recognized as
degree awarding Institutes in pursuance to the reports made to the Minister by
the Specified Authority under Section 70C of the Act and which offer study
programmes leading to Degrees in Medicine, Engineering, Architecture and other
similar professional Degrees also may seet* compliance certificates from
respective professional bodies.

According to this amendment
the pre-requisite of all non state institutes recognized as degree awarding
institutes to obtain a compliance certificates from professional bodies has
become discretionary. Consequently, the Sri Lanka Medical Council, which has
been mandated to uphold the quality and standards of medical education, will no
longer have the power to regulate the quality of medical education. It is our
view that this is a serious blow to ensuring educational standards within
non-state institutions.

It is our firm belief that
professional bodies established under acts of parliament for the purpose of
setting standards and marinating professional integrity in their respective
areas should continue to fulfill their role without obstruction and
interference.

We wish to bring to your
attention section 19 (e) of the Medical Ordinance. This section clearly denotes
that the Medical Council is the body designated to maintain minimum standards
of Medical Education including standards relating to courses of study,
examinations, staff, equipment, accommodation, training and other facilities at
universities and other institutions which grant or confer any qualification
which entitles a person to obtain registration under the ordinance. However,
this power of the Sri Lanka Medical Council (as well as other professional
bodies) has been undermined through the above mentioned amendment to the
University Act.

It is worth emphasising that
the Medical Council has the power to make representations to the Government on
any matter connected with the medical profession in Sri Lanka in accordance
with section 12 (3) of the Medical Ordinance. Yet, we believe amendments which
have serious consequences for upholding the standards of the medical profession
are being made without consultation with the Sri Lanka Medical Council.

Hence, we urge the Sri Lanka
Medical Council to seriously consider this matter and to take all necessary and
appropriate actions to challenge the said amendment and to protect the
standards of medical education in this country. We pledge our fullest support
to the Council in this regard as part of our efforts to protect the standards
and quality of state education in Sri Lanka.